Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

To be clear, we are discussing legislation. Legislation needs to be clear and robust. The Minister is saying we should not mind that the legislation is not clear and robust because he intends to do something. He has asked us to forget that the legislation is poorly drafted and gives him sweeping powers and full discretion in terms of what happens in respect of an appointments process because he will do it well anyway. That would not inspire confidence because any Minister who comes in here with legislation to allow those kinds of far-reaching powers and discretion for a Minister and thinks that is a good way to pass legislation does not give us confidence that he or she will do the process well.

In terms of the process, the Minister has said it will be open to everyone. That is great, but it is not enough. A process can be open to everyone and at the end, depending on what is done, we can still have a complete lack of balance in terms of the outcome of that process.

That is a key concern.

The Minister made an excellent case in his comments as to how, potentially, the panel system should be reformed and improved, but at least that system was an attempt to ensure some diversity and balance. If, therefore, he is intent on abolishing that system, he should put into the legislation measures that will ensure balance and diversity in the appointments made, and that is not clearly done.

I have talked to people who have in-depth knowledge of the planning process and An Bord Pleanála, and a key concern they have is that over recent years people working in An Bord Pleanála, various inspectors, were put under pressure. We saw that with the inspectors' reports being overturned and in particular cases. They have a particular concern that pressure is being put on people operating in the planning system to conform with a certain outlook or viewpoint that happens to be close to that of developers and those who lobbied for the strategic housing development legislation that was introduced.

The Minister comes in here to ask us to let the Bill go through, even though it has these wide-ranging discretionary powers. He tells us it is okay because he will do it well anyway but he cannot commit to doing the legislation well. We are discussing the legislation, not an individual Minister's intentions or otherwise to do things well in the future. The legislation applies to this Minister and any other Minister. It must be robust and very clear and should not be open to a level of discretion that in itself undermines the independence of An Bord Pleanála. That is not what An Bord Pleanála needs now to restore public confidence.

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